Brussels, 22/09/2011 (Agence Europe) - Justice ministers of five countries (France, Belgium, Netherlands, United Kingdom and Ireland) have written to the European Commission to state their displeasure at the proposal for a directive on the rights of access to a lawyer in the context of criminal proceedings. The proposal is to be presented to the Council of European justice ministers on Friday 23 September.
Belgium, France, Ireland, the Netherlands and the United Kingdom recall their agreement to the roadmap for strengthening procedural rights of suspects and accused persons in criminal proceedings. They also confirm their broader commitment to the development of an area of freedom, security and justice.
Welcoming the fact that the Commission, as set out in the roadmap, has proposed a directive on the right of access to a lawyer in criminal proceedings, the above countries underline the need to ensure that the means for achieving this are right. Belgium, France, Ireland, the Netherlands and the UK would therefore like to express “serious reservations” about the Commission's approach in preparing this proposal for a directive which, as published, “would present substantial difficulties for the effective conduct of criminal proceedings by their investigating, prosecuting and judicial authorities”. They say that: -The directive would hamper the effective conduct of criminal investigations and proceedings. To mandate the presence of a lawyer for every investigative measure where the suspect's presence is required or permitted (for example when the suspect's fingerprints are taken) “would also involve substantial additional resources from member states”. Such an imbalance is also expected to cause major delays at the investigation stage, without, however, providing any real added value for the person concerned. - There is no clarity on the directive's relationship to the requirements of the European Convention on Human Rights (ECHR). In a number of respects, the proposal goes beyond the current requirements of the ECHR. Also, several Commission proposals are not based on the case law of the ECHR, the member states say. - The directive must establish minimum standards in a way which takes account of the different ways in which member state systems secure the right to a fair trial. There are major differences between national criminal justice systems that must be taken into account. The proposal does not take this imperative into account, the above member states say, explaining that it contains an extensive right of access to a lawyer to cover all crimes and all stages of criminal proceedings. “A directive that ignores the fact that different rights will be applicable to different stages of criminal proceedings would have a significant adverse impact on national legal systems”, the five countries say. - Also, the missing element is impact assessment and legal aid. The Commission proposal is confined to the rules on when and how individuals should be able to access legal advice. It does not, however, set out rules on legal aid.
The justice ministers of the five countries go on to conclude by saying that any directive on the right of access to a lawyer should take into account the consequential costs and implications for member states' legal aid systems. (LC/transl.jl)